What’s the difference between NHS Complaints vs Medical Negligence Claim?

Many patients often confuse NHS complaints and medical negligence. Sometimes they are unsure of the difference between the two. Although both are about medical care they both have a different purpose and result in different outcomes.

What are NHS Complaints?                                                                                    

The NHS encourages everyone to share feedback to improve it’s system[1]. Once a complaint has been reported investigation starts and you receive written response; it will give you a detailed procedure for next steps. An example of NHS complaints may be delays or failures to provide treatments, waited for too long to be seen, this can be in the NHS or A&E, attitude by members of the NHS staff, additionally NHS facilities, for example buildings, food or cleanliness and much more[2].

What can NHS complaints achieve?

NHS complaints may help achieve several things. It can also help patients understand what happened and why. This will allow the NHS to investigate further. It is a great method that makes improvements to the system and to the medical care given. Often NHS complaints lead to apologies and service improvements. However, if the patient has experienced medical harm, they may want to consider medical negligence claim instead.

What is a medical negligence claim?

Medical negligence is when a patient decides to make a claim against healthcare. Often because healthcare professionals breached their duty of care and that has directly caused you harm.

What must you prove in a medical negligence claim?

There are 3 elements you must prove.

1. Duty of care – provide details that you are their patient and that the healthcare is responsible.
2. Breach of duty of care – provide evidence that the care you receive was not to the standards. Show that a reasonable doctor in the same field wouldn’t do that.
3. Causation – show that the lack of doctor care caused you harm and that it is directly linked to the failure of care. [3]

You can further provide medical records, opinions from independent medical experts, records of expenses, witness statements[4].

The key difference:

NHS Complaints – handled within the NHS, usually is an apology.

Medical Negligence – legal claim wit evidence and may lead to financial compensation.

Can you do both: Yes, both can be done.

Conclusion:

Understanding the difference between NHS complaints and medical negligence claim is important when deciding which step to take. If unsure which route to take it is always sensible to seek legal advice at the early stage.

[1] https://www.england.nhs.uk/contact-us/feedback-and-complaints/complaint/

[2] https://www.citizensadvice.org.uk/scotland/health/nhs-healthcare-s/nhs-complaints-s/#:~:text=delays%20or%20failures%20to%20provide,lost%20or%20stolen%20property

[3] https://resolution.nhs.uk/services/claims-management/advice-for-claimants/

[4] https://www.jmw.co.uk/blog/clinical-negligence/how-to-prove-medical-negligence